June 16, 2011

Employment reviews.

Practice point: A breach of confidentiality claim cannot be based on a review-related discussion of the employee’s test scores.

Students should note that the common interest privilege which attaches to a review-related discussion of the employee’s poor performance cannot be defeated by the employee’s conclusory allegations of malice.

Panghat v. New York Downtown Hospital, NY Slip Op 04818 (1st Dept. 2011).


Tomorrow’s issue is notice of claim.